Common use of Cure Costs Clause in Contracts

Cure Costs. Subject to entry of the Sale Order and consummation of the Closing, Purchaser shall, on the Closing, pay the Cure Costs and cure any and all other defaults and breaches under the Acquired Contracts so that such Contracts may be assumed by the applicable Seller and assigned to Purchaser in accordance with the provisions of Section 365 of the Bankruptcy Code and this Agreement.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Akorn Inc), Asset Purchase Agreement

Cure Costs. Subject to entry of the Sale Order and consummation of the ClosingOrder, Purchaser shall, on or prior to the ClosingClosing (or, in the case of any Contract that is to be assigned following the Closing pursuant to Section 1.5, on or prior to the date of such assignment), pay the Cure Costs and cure any and all other defaults and breaches under the Acquired Assigned Contracts so that as required for such Contracts may to be assumed by the applicable Seller and assigned to Purchaser in accordance with the provisions of Section section 365 of the Bankruptcy Code and this Agreement.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Pier 1 Imports Inc/De), Asset Purchase Agreement

Cure Costs. Subject to entry of the Sale Order and consummation of the ClosingOrder, Purchaser Buyer shall, on or prior to the ClosingClosing (or, in the case of any Contract that is to be assigned following the Closing pursuant to Section 2.7(e), on or prior to the date of such assignment), pay the Cure Costs and cure any and all other defaults and breaches under the Acquired Transferred Contracts so that such Contracts may be assumed by the applicable Seller and assigned to Purchaser Buyer in accordance with the provisions of Section section 365 of the Bankruptcy Code and this Agreement.

Appears in 1 contract

Sources: Asset Purchase Agreement (Bed Bath & Beyond Inc)

Cure Costs. Subject to entry of the Sale Order and consummation of the ClosingOrder, Purchaser shall, on or prior to the ClosingClosing (or, in the case of any Contract that is to be assigned following the Closing pursuant to Section 1.5, on or prior to the date of such assignment), pay the Cure Costs and cure any and all other defaults and breaches under the Acquired Transferred Contracts and Assumed Leases so that such Contracts may be assumed by the applicable Seller and assigned to Purchaser in accordance with the provisions of Section section 365 of the Bankruptcy Code and this Agreement.

Appears in 1 contract

Sources: Asset Purchase Agreement

Cure Costs. Subject to entry of the Sale Order and consummation in connection with the assignment and assumption of the ClosingAssigned Contracts, Purchaser shall, on or prior to the ClosingClosing (or, in the case of any Contract that is to be assigned following the Closing pursuant to Section 1.5(h), on or prior to the date of such assignment), pay the Cure Costs and cure any and all other defaults and breaches under the Acquired Contracts so that such Contracts may be assumed by the applicable Seller and assigned to Purchaser in accordance with the provisions of Section 365 of the Bankruptcy Code and this AgreementCosts.

Appears in 1 contract

Sources: Asset Purchase Agreement (Zeo Energy Corp.)

Cure Costs. Subject to entry of the Sale Order and consummation of the ClosingOrder, Purchaser Sellers shall, on or prior to the ClosingClosing (or, in the case of any Contract that is to be assigned following the Closing pursuant to Section 1.5, on or prior to the date of such assignment), pay the Cure Costs and cure any and all other defaults and breaches under the Acquired Assigned Contracts so that such Contracts may be assumed by the applicable Seller and assigned to the applicable Purchaser in accordance with the provisions of Section 365 of the Bankruptcy Code and this Agreement.. 34

Appears in 1 contract

Sources: Asset Purchase Agreement (Sunnova Energy International Inc.)